ODURU CHENCHULAKSHMAMMA Vs. DUVVURU SUBRAHMANYA REDDY

JUDGEMENT

(1.) THE facts giving rise to this appeal by special leave are concluded by concurrent findings of facts, arrived at by the trial court and the first appellate court and may be briefly stated herewith reference to the following pedigree-table: <IMG>JUDGEMENT_130_3_1980Image1.jpg</IMG>

(2.) THE case was argued before us by learned counsel for the contending parties on the assumption that it was governed by the provisions of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (hereinafter referred to as the 'Andhra Act'), the provisions enacted by which, except for necessary changes, were practically the same as those of the Madras Act. That assumption, however, is not well founded. As already pointed out, Chittoor district (in which lie the land in dispute) continued to be governed by the provisions of the Madras Act as they stood on the 1st of October, 1953, even after its transfer to the State of Andhra, by reason of the mandate of Section 53 above extracted. After that date the Madras Act could be amended or repealed by the Andhra Pradesh Legislature but till that was done, the district of Chittoor would continue to be governed by the Madras Act in its unamended form and as it stood on that date. We make it clear, however, that the correction of the error on which the assumption was based would not really make any difference to the decision of the case inasmuch as the relevant provisions of the Madras Act, as they stood on the 1st of October, 1953, are practically the same as the corresponding provisions of the Andhra Act. Apart from Sections 3 and 11 to 15, it is Section 56 of the Madras Act which clinches the matter. It reads thus:

(3.) IN the result, the appeal succeeds and is accepted. The judgment of the High Court is set aside and the plaintiff's suit is dismissed on the ground that the civil courts have no jurisdiction to entertain it by reason of the provisions of Section 56 of the Madras Act and that the order of the Additional Settlement Officer dated the 14th of September, 1957 (exhibits B-3 and B-4) is final and not liable to be questioned in any Court of law in so far as the determination of the dispute between the rival claimants to the ryotwari patta is concerned. The plaintiff-respondent's costs of the proceedings in this Court shall, however, be paid to him by the appellants in accordance with the order dated 30-9-1969 passed by this Court while granting special leave.Appeal allowed.